To govern the country, we must first govern the party. To govern the party, we must be strict, and strict discipline must be based on strict discipline. As the core leadership of the cause of socialism with Chinese characteristics, our party can only ensure that it remains at the forefront of the times and shoulder its historical mission by demanding and restraining itself with stricter party rules and disciplines. The "Decision" of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China emphasized that "Party rules and disciplines are stricter than national laws. Party organizations at all levels and the majority of party members and cadres must not only abide by national laws in an exemplary manner, but also strictly follow party rules and disciplines to a higher standard." Demand yourself”. This clear conclusion reflects the party's inherent requirement to manage the party and govern the party strictly, and puts forward new and higher requirements for the party's organizations at all levels and the majority of party members and cadres under the new situation.
1. Why intra-party regulations are a powerful guarantee for building a China ruled by law
The state owns national laws, and the party has party rules. During the revolutionary war years, we relied on strict party rules and disciplines to maintain the party's centralization and unity, and maintain the party's cohesion and combat effectiveness. After the party gained power, national laws and intra-party regulations became important tools for the party to govern the country and govern the party. After long-term practical exploration, our party has initially formed an intra-party legal and institutional framework, laying an important institutional foundation for the party's leadership and governance activities, intra-party political life, party building and other aspects of work.
Historical experience shows that intra-party regulations are an important basis for managing and governing the party. Only by building the Party well in accordance with intra-Party laws and regulations and forging the mainstay to lead the construction of the rule of law can we provide a strong guarantee for comprehensively promoting the rule of law and building a China ruled by law.
Intra-party regulations are an important basis that must be followed in the process of governing the country according to law. The leadership of the party is the greatest and most essential feature of socialism with Chinese characteristics. Comprehensively advancing the rule of law requires the Party to govern the country in accordance with the Constitution and laws, and also requires the Party to manage the Party and govern the Party in accordance with intra-Party regulations. Because of this, the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China clearly stated the overall goal of comprehensively promoting the rule of law. Among the tasks proposed to build the "five major systems", it included the task of improving the intra-party legal system. This requires that in advancing the construction of the socialist legal system with Chinese characteristics, we must not only continuously improve the socialist legal system with Chinese characteristics, but also continuously improve the intra-party legal system.
Intra-party regulations are an important guide to realizing the modernization of national governance. If the party is not governed, the country will not be governed; if the party has no political principles, the country will be without political principles. As the ruling party, the Communist Party of China plays a core leadership role in overseeing the overall situation and coordinating all parties in national governance. Only when the internal laws and regulations within the party are well established and all levels of party organizations and all party members and cadres consciously act in accordance with party rules and disciplines and national laws and regulations can the modernization of the national governance system and governance capabilities be realized. Therefore, it is necessary to put forward stricter intra-party institutional constraints on the basis of the constitution and law, improve the party's governing ability and level, and promote the gradual modernization of national governance.
Intra-party regulations are an important guarantee for promoting the implementation of national laws and regulations. The Party formulates intra-Party regulations, adjusts intra-Party relations, regulates intra-Party life, and provides behavioral compliance for Party organizations and Party members; the Party also leads the people to formulate constitutions and laws, adjusts social relations, regulates social order, and provides citizens, legal persons, and other organizations with Activity basis. Both intra-Party regulations and national laws and regulations reflect the will of the Party and the people, and they are essentially the same. Historical experience tells us that if intra-Party regulations are well implemented, national laws and regulations can be better observed; if intra-Party regulations are not implemented well, the authority of national laws and regulations cannot be established, and governing the country according to law cannot be achieved. Therefore, to comprehensively promote the rule of law, we must strive to form a pattern in which national laws and regulations and intra-party laws and regulations complement each other, promote each other, and guarantee each other.
Revealing Policies
Some intra-party regulations and documents promulgated since the 18th National Congress of the Communist Party of China
◆ In December 2012, the "Regulations of the Political Bureau of the 18th CPC Central Committee on Eight Provisions on Improving Work Style and Keeping Close Contact with the People.
◆ In November 2013, the "Regulations on Party and Government Organs to Strictly Implement Economy and Oppose Waste".
◆ January 2014, "Regulations on the Selection and Appointment of Party and Government Leading Cadres".
◆ February 2014, "Measures for the Management of Positions held by State Staff whose Spouses Have Moved Abroad (Outside)".
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Constitution of the Communist Party of China
The Constitution of the Communist Party of China is based on Marxism-Leninism, Mao Zedong Thought and socialism with Chinese characteristics The theoretical system serves as guidance and the party’s life norms and behavioral norms are formulated based on the practice of party building. The current Party Constitution was partially revised at the 18th National Congress of the Communist Party of China and adopted on November 14, 2012. In addition to the general outline, there are 11 chapters and 53 articles. It stipulates the party's program, organizational structure, organizational system, conditions for party membership, obligations and rights of party members, party discipline, etc. The Party Constitution is the most fundamental intra-Party regulation and must be strictly implemented by the entire Party. Party organizations at all levels and party members and cadres must consciously study, abide by, implement, and safeguard the Party Constitution, consciously strengthen party spirit, enhance the party's consciousness, purpose, governance, overall situation, and responsibility, and effectively serve the Party. The party shares worries, fulfills its responsibilities for the country, and contributes to the people.
2. Why party regulations and party disciplines are stricter than national laws
“Those who govern a country are first subject to the law.” “Politicians are righteous. If the commander-in-chief is righteous, no one dares to be righteous. "If you want to curb the public conduct, you must first correct the official conduct." These famous aphorisms on governance in ancient my country all illustrate the truth: Only by first putting forward stricter requirements on the governors can the country be governed well.
Our party is the ruling party and a political organization that shoulders a sacred mission. Only by strictly enforcing party rules and disciplines can we ensure that the party's cause has inexhaustible strength to develop and grow. As the saying goes, "Only those who correct themselves can correct others." Based on this, the "Decision" of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China clearly stated: "Party rules and party disciplines are stricter than national laws." The purpose is to make the eyes of the cage of party rules and party disciplines smaller and the standards stricter, and effectively control the power of the party. Locked in the cage of the system.
This is determined by the nature of the party’s vanguard. Our party is a Marxist party organized in accordance with its own political program and line to achieve lofty political goals. It is the vanguard of the Chinese working class, the vanguard of the Chinese people and the Chinese nation, and is composed of advanced elements. political organization. “There is no better way to cultivate virtue than to eliminate harm.” Only by making party rules and disciplines stricter than national laws, and requiring and restraining party organizations at all levels and party members and cadres with stricter standards, can the party’s vanguard nature be maintained forever.
This is determined by the party’s governing mission. Our party shoulders the historical mission of leading more than 1.3 billion people to build socialism with Chinese characteristics and realize the Chinese dream of the great rejuvenation of the Chinese nation. It has a heavy responsibility. "If you don't follow the rules, you won't be able to achieve success." The existence of party rules and disciplines is to allow every party member to remember the responsibilities and special missions on his shoulders. In the process of leading the people to comprehensively promote the rule of law, the party's rules and regulations are stricter than national laws, and have put forward higher and even more stringent requirements for party members and leading cadres. It should be so, it goes without saying.
This is determined by the advanced nature of party members. Party members are citizens with special political responsibilities. National laws are the bottom line of behavior that all citizens must abide by. Party regulations and party disciplines impose stricter requirements on party members than national laws require on ordinary citizens. Recognizing and accepting the norms and constraints of the Party's rules and disciplines are the basic requirements for every Party member to join the Party. When you clench your fist and solemnly swear an oath to the party flag, it means that you voluntarily give up some of the rights and freedoms enjoyed by ordinary citizens, and you must fulfill an extra obligation. You must be loyal in politics, obedient in organization, and disciplined in action. . Party members and cadres, especially senior cadres, must give up more and have greater responsibilities and responsibilities. There are some things that ordinary citizens can do, but party members cannot. Therefore, it is the voluntary choice of every party member to consciously and strictly abide by the party rules and disciplines, and it is also a solemn commitment to the party.
Micro Comment
◆ National law is the "national standard" and the bottom line that citizens must abide by; party rules are the standards for party members and must be stricter than the "national standard", otherwise the party will be difficult to remain advanced. sex.
◆ If there are orders and prohibitions, the party rules and disciplines will become a "straw man".
◆ As a party member, discipline and law are two inseparable words. Law-abiding should start with observing discipline.
◆ The party has party rules and party members have party discipline. This is a Chinese characteristic and an advantage of China.
◆ Adhere to the "eight iron principles", resolutely oppose the "four trends", challenge problems and let the masses applaud.
◆ Party members cannot be confused with ordinary people. What increases is the obligation and what decreases is the right.
3. How to further improve intra-party regulations
The completeness of party rules and regulations is an important indicator of the maturity of our party and the level of its governance ability. No matter what stage of development it reaches in the future, it will be inseparable from complete party rules and disciplines. In general, after long-term practical exploration, the framework of the intra-party legal system has been initially formed, providing important guidelines for us to manage and govern the party.
At the same time, it should also be noted that there are still some problems that need to be solved urgently in the construction of intra-party laws and regulations. For example, some laws and regulations do not meet the needs of new situations and new tasks and have not kept pace with the times; corresponding laws and regulations have not been formulated in certain work areas; the supporting provisions or implementation details of some laws and regulations are not yet complete; the connection between some laws and regulations is not complete It is not enough, and there are problems such as dispersion, contradictions, and conflicts; some laws and regulations are not implemented in place and do not play their due role. The implementation of laws and regulations still has problems such as formalism and weak execution. Measures must be taken to effectively resolve these problems.
In recent years, we have attached great importance to the construction of intra-party regulations. In May 2012, the central government promulgated the "Regulations on the Formulation of Intra-Party Regulations of the Communist Party of China", which is known as the "legislative law" within the party. Since the 18th National Congress of the Communist Party of China, the construction of intra-party regulations and systems has continued to accelerate. Especially in November 2013, the "Five-year Plan for the Central Party Committee's Intra-Party Regulations and Regulations (2013-2017)" was promulgated, clarifying the five-year The goals and tasks of the construction of intra-party regulations. It is necessary to follow the spirit of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China and the requirements of the "Regulations" and the "Planning Outline", based on the present, long-term perspective, and coordinated advancement to ensure that by the 100th anniversary of the founding of the Party, a comprehensive building with scientific content, rigorous procedures, and complete supporting facilities will be completed. , run an effective intra-party legal system.
Speedly improve the system of laws and regulations within the party. For a long time, great progress has been made in the construction of intra-party regulations and systems. The currently effective central party regulations include 1 party constitution, 2 guidelines, 22 regulations, and nearly 100 rules, regulations, methods, and detailed rules. According to the needs of the development of the situation, we should effectively do a good job in the establishment, reform, abolition and interpretation of intra-party regulations, study and formulate a number of basic and backbone intra-party regulations, integrate and form a number of comprehensive intra-party regulations, and promptly formulate a number of intra-party regulations that are urgently needed for practice. regulations, promptly abolish or revise a batch of intra-Party regulations that do not meet actual needs, and effectively solve problems such as deficiencies, "fragmentation" and "aging" in the intra-Party regulations and systems.
Consolidate practical results into systems in a timely manner. Over a long period of time, we have explored many successful practices and accumulated many valuable experiences in strengthening and improving party building. It should be carefully summarized and upgraded to a legal system. Especially since the 18th National Congress of the Communist Party of China, our party has insisted that the party should manage the party and govern the party strictly, issued eight regulations, paid close attention to the construction of work style, deployed and carried out the party's mass line education and practice activities, further promoted the anti-corruption struggle, and adopted A series of powerful measures have achieved remarkable results in party management. These effective practices and measures should be carefully sorted out and fixed in the form of intra-party regulations to form a long-term mechanism.
Strive to improve the execution of intra-party laws and regulations. The vitality of the system lies in execution. No matter how good the system is, if it is not implemented and is in name only, it will definitely form a "broken window effect." The same is true for party regulations and party disciplines. If the ruling party cannot even abide by and enforce its own party rules and disciplines, then governing in accordance with the law will be empty talk. We must earnestly shoulder the party's responsibility to manage the party and govern the party strictly, require strict standards for party members, and take strict measures to control cadres, ensuring that party rules and disciplines become rigid constraints and must not become a "straw man."
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The goal of improving the construction of intra-party laws and regulations
On the basis of a comprehensive review of existing intra-party laws and regulations, we will promptly formulate and revise a system of laws and regulations. batch of important intra-Party laws and regulations, and strive to basically form an intra-Party regulatory system framework that covers the main areas of party building and party work and adapts to the needs of managing and governing the party after five years of hard work, so as to make intra-party life more standardized and procedural, so that The inner-party democratic institutional system will be more perfect, so that the exercise of power will be more effectively restricted and supervised, and the institutional foundation of the party's governance will be more consolidated, so that by the 100th anniversary of the founding of the party, we will fully build an inner-party system with scientific content, strict procedures, complete supporting facilities, and effective operation. The system of laws and regulations has laid a solid foundation.
——Excerpted from the "Five-Year Plan for the Central Party Committee's Intra-Party Lawmaking Work (2013-2017)"
Voice
Party members and cadres must hold themselves to higher standards Demand yourself
Li Xueqin: Party organizations at all levels and party members and cadres are the main force in governing the country and play a backbone role in all aspects of legislation, law enforcement, judiciary, and law-abiding. Only with the multiple effective constraints of national laws can the rule of law be guaranteed. Only when party members and cadres take the lead in enforcing the law, set stricter demands on themselves, set an example in abiding by laws and regulations, and can resolutely fight against violations of laws and disciplines can they truly play an exemplary role and have a positive and powerful impact on the realization of law-abiding by all people.
Q&A
Q: What is the "broken window effect"?
Answer: The "broken windows effect" is a theory in criminology. This theory holds that if someone breaks a window glass in a building and the window is not repaired in time, others may get some demonstrative connivance to break more windows. Over time, these broken windows create a sense of disorder. As a result, in this environment of public insensitivity, illegal and disciplinary behavior will breed and become rampant. The "broken window effect" is used to illustrate that if undesirable phenomena are allowed to exist, people will be tempted to follow them or even worsen them.
4. Why intra-party regulations must be connected and coordinated with national laws
In the past two years, the Party Central Committee, the Central Commission for Discipline Inspection, and various central departments have carried out regulations on laws and regulations between the founding of New China and June 2012. More than 23,000 central documents issued by the central government have been comprehensively screened. The *** sorted out 1,178 intra-party laws and regulations and normative documents. After cleaning up, 322 were abolished, 369 were declared invalid, and 487 remained valid. An important part of the clean-up work is to clean up those documents that are inconsistent with the Constitution and laws and overlap with relevant national laws and regulations to ensure the connection and coordination between party regulations and national laws.
The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposed to "pay attention to the connection and coordination of intra-party regulations and national laws." National laws are universally binding on the behavior of all members of society. Party regulations and party disciplines focus on standardizing the party's political discipline and organizational discipline to ensure that party members strengthen their ideals, beliefs and purposes, maintain a good style of work, and adhere to moral integrity. Why should we emphasize the connection and coordination between party regulations and national laws?
To improve the level of party management, it is necessary to have good connection and coordination between intra-party regulations and national laws. Our party is a large party with more than 86 million members. The number of party members exceeds the population of many large European countries. In the current complex and ever-changing domestic and international environment, the task of managing and governing the Party is extremely arduous. In order to build the party well and improve the party's ability to govern, on the one hand, we must constrain party organizations and party members and cadres in accordance with party rules and disciplines, and on the other hand, we must ensure that party organizations and party members and cadres operate within the scope of the constitution and law. This requires paying attention to the connection and coordination between intra-party regulations and national laws, so as to ensure that the activities of party organizations and the behavior of party members comply with the requirements of party regulations and at the same time comply with legal norms.
Promoting the modernization of the national governance system and governance capabilities requires good connection and coordination between intra-party regulations and national laws. At present, compared with the new situation, new tasks and new requirements, our country still has many areas that need to be improved in terms of its national governance system and governance capabilities. From the perspective of the national governance system, national laws and regulations and intra-party regulations are two important supports; from the perspective of national governance capabilities, the core is to improve the party's ability to govern the party according to regulations and govern according to the law.
To promote the modernization of the national governance system and governance capabilities, it is necessary to improve the national legal system while also improving the party's regulatory system to achieve effective connection and organic unity between the two.
Perfecting the socialist legal system with Chinese characteristics requires good connection and coordination between party regulations and national laws. This is because our rule of law system is an organic whole composed of five parts: the legal norm system, the rule of law implementation system, the rule of law supervision system, the rule of law guarantee system, and the intra-party regulations system. The intra-party regulations system must be coordinated with the other four parts. , especially in coordination with national laws. However, there are still areas where there is insufficient connection and coordination. For example, some party discipline provisions overlap with laws, some party discipline provisions need to be transformed into laws and regulations, etc. From the perspective of improving the socialist legal system with Chinese characteristics, we must pay attention to the connection and coordination of intra-party regulations and national laws, and work together to promote the process of governing the country according to law.
How to achieve the organic connection between party regulations and national laws? We must adhere to the Party Constitution and the Constitution as the basic compliance, and implement the principle that "the Party must act within the scope of the Constitution and the law" stipulated in the Party Constitution and the principle of upholding the leadership of the Party stipulated in the Constitution into the practice of intra-party regulations to ensure that within the party The system of laws and regulations is intrinsically unified with the socialist legal system with Chinese characteristics. We should effectively do a good job in the establishment, reform, abolition and interpretation of intra-party regulations. For matters that are stipulated in party rules and disciplines but can be regulated by laws and regulations, we should try our best to reflect them through laws and regulations; for matters that are neither stipulated nor suitable for stipulation by law, Comprehensive coverage should be gradually achieved by intra-party regulations; party rules and disciplines that are not compatible with practical requirements should be revised or abolished in a timely manner; intra-party regulations should not stipulate matters that are clearly stipulated in the legislative law and should be regulated by national laws; Those party rules and disciplines that should be transformed into law after being tested in practice should be transformed into national laws through legal procedures in a timely manner, and a linkage mechanism between intra-party regulations and national laws should be gradually formed.
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Three ways to clean up intra-party regulations and normative documents
——The main contents of the documents are consistent with the party constitution and the party’s theoretical line, principles and policies Documents that conflict with or are inconsistent with the Constitution and laws, documents that are obviously inappropriate for actual needs, or documents that have been covered or replaced by new regulations shall be abolished. For example, some central documents in the 1950s and 1960s stipulated procedures for handling criminal cases that conflict with the current provisions of the Criminal Procedure Law. Such documents are among those that have been abolished this time.
——If the adjustment object has disappeared, the document is in fact no longer executed, the document's application period has expired, the relevant matters or tasks have been completed, and the document does not need to be continued to be executed, it will be declared invalid. For example, in the 1950s, the central government issued a series of regulations on intra-party supervisory committees. Since there is no longer a supervisory committee within the party, these documents have actually become invalid.
——If there is no problem with the content of the document, or if there are some problems but it does not affect the continued execution, or if there is currently no other document that can replace it and the time and conditions are not ripe for its abolition, it will continue to be effective. There are some problems in the file content and need to be modified, but it will continue to be valid before modification. For example, the 1959 "Notice of the Central Committee on the Unified Management of Party and Government Archives" and so on, although there are certain historical traces, the main content and spirit are still applicable.
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Cleaning up intra-party regulations and normative documents requires "passing five levels"
The first level: determining the scope of cleanup. The General Office of the Central Committee of the Communist Party of China, together with the State Archives Administration, comprehensively sorted out more than 23,000 central documents issued from the founding of the People's Republic of China to June 2012, and included 1,178 intra-party laws and regulations regulating the work, activities and behavior of party members. Files are included in the cleaning scope.
The second level: department review. Taking into account the current authority over the document adjustment matters, the General Office of the Central Committee of the Communist Party of China distributed the clean-up documents to more than 50 relevant central ministries, commissions and units, reviewed the relevant documents, and proposed preliminary clean-up opinions.
The third level: centralized review.
The General Office of the CPC Central Committee, together with the Central Commission for Discipline Inspection, the Organization Department of the CPC Central Committee, the Propaganda Department of the CPC Central Committee, and the United Front Work Department of the CPC Central Committee, established a centralized review working group to conduct research and demonstration on the preliminary cleanup opinions put forward by relevant ministries and units, review the cleanup documents one by one, and formulate a plan. There are three file directories: abolition, declaration of invalidity, and continued validity.
The fourth level: solicit opinions. The General Office of the Central Committee will distribute the above three document catalogs to relevant ministries, commissions and units for opinions, and form a consistent opinion on document cleaning and processing.
Level 5: Approval and release. The General Office of the Central Committee drafts a draft decision on liquidation, submits it to the Central Committee for approval according to procedures, and publishes it in the form of a central document of the Central Committee of the Communist Party of China.
Deep reading
"Outline of the Five-Year Plan for the Central Party Committee's Intra-Party Lawmaking Work (2013-2017)", People's Publishing House, 2013 edition.